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AB-911 Radioactive materials: licensing and registration: exemption.(2017-2018)

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Date Published: 07/11/2017 09:00 PM
AB911:v95#DOCUMENT

Enrolled  July 11, 2017
Passed  IN  Senate  July 03, 2017
Passed  IN  Assembly  July 10, 2017
Amended  IN  Senate  June 19, 2017
Amended  IN  Senate  May 24, 2017
Amended  IN  Assembly  April 03, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 911


Introduced by Assembly Members Wood and Quirk
(Coauthors: Assembly Members Burke, Lackey, Rodriguez, and Voepel)

February 16, 2017


An act to add Section 115060.5 to the Health and Safety Code, relating to radioactive materials.


LEGISLATIVE COUNSEL'S DIGEST


AB 911, Wood. Radioactive materials: licensing and registration: exemption.
Existing law requires the State Department of Public Health to establish rules or regulations for general or specific licensing of persons to receive, possess, or transfer radioactive materials, or devices or equipment utilizing these materials. Existing law authorizes the department to require registration and inspection of sources of ionizing radiation, as specified. Existing law authorizes the department to exempt certain sources of ionization radiation or kinds of uses or users from the licensing requirements when the department makes a finding that the exemption of those kinds of users will not constitute a significant risk to the health and safety of the public. Under its existing regulatory authority, the department has adopted regulations establishing requirements, including a requirement that an individual acting as a radiation machine radiographer be a certified radiation machine radiographer, for conducting field radiography.
This bill would require the department to exempt bomb squads of specified public entities from the regulatory requirements for conducting field radiography, under specified conditions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 115060.5 is added to the Health and Safety Code, to read:

115060.5.
 (a) Except as provided in subdivisions (b) and (c), the department shall exempt a bomb squad of a city, city and county, county, special district, or the State of California, including the University of California, from the requirements of Section 30336.1 of Title 17 of the California Code of Regulations if all of the following requirements are met:
(1) All operators of ionizing sources of radiation are explosive ordnance disposal technicians certified as bomb technicians by the United States Federal Bureau of Investigation or a successor federal agency responsible for training and certifying bomb technicians. Nothing in this paragraph shall be construed to authorize the use, possession, or transfer of radioactive material.
(2) (A) A radiation safety officer, who is certified as a bomb technician by the United States Federal Bureau of Investigation or a successor federal agency responsible for training and certifying bomb technicians, is designated by the employing jurisdiction.
(B) Except as provided in subparagraph (C), the radiation safety officer is exempt from the requirements of Section 30336.7 of Title 17 of the California Code of Regulations.
(C) The radiation safety officer shall comply with subdivision (b) of Section 30336.7 of Title 17 of the California Code of Regulations.
(3) The bomb squad has written operating procedures that apply to the kinds of radiation machines used by the bomb squad and are followed by applicable personnel.
(4) Radiation machines maintained and operated by the bomb squad meet the requirements specified in the American National Standard N537-1976 “Radiological Safety Standards for the Design of Radiographic and Fluoroscopic Industrial X-Ray Equipment” published as NBS Handbook 123, issued August 1977, or subsequent standards that the department determines to be applicable.
(5) The jurisdiction provides annual refresher training to all operators at intervals not to exceed 12 months. The training shall address or provide, at a minimum, the results of department’s inspections, information on new procedures or equipment, accidents or errors that have been observed and steps to prevent recurrence, and an opportunity for individuals to ask radiation safety related questions.
(b) The radiation surveys and radiation survey instruments referenced in subdivisions (f), (g), and (i) of Section 30336.1 of Title 17 of the California Code of Regulations shall not be required when the United States Federal Bureau of Investigation standard operating procedure of clearing an evacuation distance of at least 300 feet in all directions from the X-ray source is used.
(c) Boundaries need not be posted or protected as high radiation areas as required in subdivisions (h), (j), and (l) of Section 30336.1 of Title 17 of the California Code of Regulations when other law enforcement officers are maintaining the United States Federal Bureau of Investigation standard evacuation boundary.
(d) The department shall evaluate compliance with this section during its inspection of the bomb squad.
(e) The department may revoke or rescind the exemption provided pursuant to this section if a jurisdiction fails to comply with this section.